This is an archive article published on April 8, 2021
POCSO cases: Bombay High Court issues guidelines to police, courts
The court said that the proceedings under the POCSO Act also deal with offences of rape under various provisions of section 376 of the Indian Penal Code and the notice to the victim shall also be issued in such cases as per rules.
After the completion of the investigation, an FIR was registered and the 26-year-old was arrested. He has been remanded in police custody.
The Bombay High Court on Thursday laid down guidelines and directives to be followed by the prosecution and courts dealing with cases under Protection Of Children from Sexual Offences (POCSO) Act.
The guidelines, issued by a division bench of Chief Justice Dipankar Datta and Justice Girish S Kulkarni, are meant for effective implementation of the law for sexual offences against children to ensure that the right of the minor victim/survivor to participate in judicial proceedings is protected.
Referring to the provisions of law and the need for effective victim representation, the bench observed, “It is clear that a robust mechanism recognizing the need to protect children from the offences falling within the purview of this (POCSO) legislation and the method and manner to deal judicially such offences, is prescribed as a part of the administration of criminal justice…there is also an entitlement of such persons (victim’s family/guardian/counsel) to be made aware of the filing of applications and the hearings scheduled on such applications at the various stages of the proceedings.”
The bench on Thursday passed the judgment on a PIL filed by activist Arjun Malge, who works with child victims of sexual abuse and their families in the city, complaining about lack of implementation of certain provisions of POCSO Act.
The state government submitted that it was not adversarial to the petition and the court may pass relevant guidelines.
In light of the submissions by advocate Somasekhar Sundaresan for Malge, the court said that in the event of application made on behalf of the prosecution in POCSO cases, office of the public prosecutor will have to issue a notice of hearing of such application to child’s family/guardian or legal counsel along with relevant documents for ‘effective participation’ of the victim in the proceedings.
It added that it shall be the duty of a police officer to confirm to the competent court about service of such a notice to the child’s family and in case the service of notice was not possible, the reasons for the same should be conveyed by the Special Juvenile Police Unit (SJPU) to the relevant court in writing.
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The HC said that the appropriate court, before hearing the prosecution’s application, must ascertain whether the notice was served to the child’s family, and in case it is not issued, the court may make reasoned order to secure ‘ends of justice,’ taking into account any emerging circumstances that will require hearing application in absence of child’s family or representatives.
“In the event, despite issuance of notice, the child’s family, guardian or legal counsel, does not attend the hearing, the court may proceed without the presence of such notice, or issue another notice, as may be judicially determined appropriate,” the HC noted. The court said that the proceedings under the POCSO Act also deal with offences of rape under various provisions of section 376 of the Indian Penal Code and the notice to the victim shall also be issued in such cases as per rules.
The court said that its ruling shall be circulated to all presiding officers of sessions courts in the state, who shall forward it to courts dealing with POCSO cases along with police authorities.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
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